Excerpt: ...dressed to the court's discretion.” (Pomona Fed. Plaza v. Inv. Concepts (1988) 203 Cal.App.3d 217, 221.) The purpose of allowing such motions is to “compel reasonable diligence in the prosecution of actions, thereby expediting the administrative of justice.” (Id.) This action was filed on June 13, 2016 ‐ just slightly more than three years ago. Although it has not been brought to trial within three years, the Court finds that Plaintif...

Excerpt: ...ense by the Board in 2004. He practiced without incident for almost a decade. In 2013, he pled no contest to several felony and misdemeanor sex offenses. He was sentenced to five years of probation and was required to register as a sex offender pursuant to Penal Code section 290. As a result of his conviction, the Board revoked his license pursuant Business and Professions Code section 2232, which provides the Board, subject to certain exceptions...

Excerpt: ...ant knew or should have known the apartment was infested with mold when they rented it to Plaintiffs. They further allege that they complained to Defendant about the mold, but that Defendant did nothing to remedy the problem. Finally, they allege the mold has caused a variety of health problems and forced them to move out of the apartment. Based on these allegations, they assert two causes of action, captioned (1) negligence ‐ breach of the war...

Excerpt: ... with California law; (2) failed to authorize and permit all legally required rest periods in accordance with California law; (3) failed to pay all wages earned for all hours worked; (4) failure to provide accurate written wage statements; (5) failed to timely pay all final wages; (6) failed to reimburse necessary business expenses; (7) engaged in unlawful business practices; (8) owes civil penalties under the Private Attorneys General Act of 200...

Excerpt: ...rmer assistant for Defendants' escrow agents. Plaintiff's Complaint, filed on March 29, 2019, alleges causes of action for (1) disability discrimination; (2) failure to accommodate; (3) failure to engage in an interactive process; (4) disability harassment; (5) failure to prevent discrimination, harassment, and retaliation; (6) retaliation; and (7) wrongful termination in violation of public policy. Legal Standard “In a petition to compel arbit...

Excerpt: ...insurance policy from Defendants providing “Business Overhead Expense” coverage in the event he became disabled (the “Policy”). (Compl. ¶1.) He alleges that he has been insured for years and consistently made quarterly premium payments on the Policy to the same address. (Id. ¶10.) Plaintiff alleges that in April 2015, Defendants changed their payment address. (Id.) After receiving notice of the address change, Plaintiff alleges that he ...

Excerpt: ...“Plaintiffs”) Second Amended Complaint (“SAC”) is SUSTAINED. Defendants' request for judicial notice of the recorded land documents is UNOPPOSED and is GRANTED. In 1974, Wilmer Scott and Brenda Scott purchased real property located at 9017 Brydon Way, Sacramento (the “Subject Property”). (SAC ¶11.) On December 1, 2004, Wilmer Scott and Brenda Scott took out a loan for $296,447.13 from Beneficial California, Inc., secured by a Deed of...

Excerpt: ...d Defendant with a Demand for Inspection of Documents (Set One), which included 17 document requests, on May 15, 2019. (Park Decl. Ex. 1.) On June 19, 2019, Plaintiff received Defendant's responses, in which she objected to each discovery request on the same grounds. (Park Decl. Ex. 2.) On June 24, Plaintiff's counsel served Defendant with a meet and confer letter, describing the purportedly deficient response. (Park Decl. Ex. 3.) Defendant did n...

Excerpt: ...sing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. The moving papers fail to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of a commercial transaction for which THI agreed to sell, ...

Excerpt: ...llectively “Defendants”) demurrer to Plaintiff Matthew Davies' (“Plaintiff”) complaint is ruled upon as follows. Defendants' request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐1...

Excerpt: ... even if s/he disagrees with the challenge to the pleading. Fong's request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Overview Plaintiff alleges that beginning in 2015 he worked w...

Excerpt: ...nt (“1AC”) plaintiff alleged he was rear‐ended by a truck, causing his vehicle then to strike the one in front. After the accident plaintiff contacted his insurer to make a claim under the uninsured motorist provision for his policy. The insurer subsequently took a recorded statement from its insured and is alleged to have “made an internal decision that Plaintiff was liable for causing the accident.” Plaintiff retained counsel and file...

Excerpt: ...ow. The alternative motion for summary adjudication is DENIED in part and GRANTED in part as set forth below. Plaintiff's action asserts employment retaliation and gender harassment. Her claims relate to her participation, experiences in, and ultimate dismissal from University's Department of Anesthesiology and Pain Medicine Residency Program, which is a three‐year graduate program accredited by the Accreditation Council for Graduate Medical Ed...

Excerpt: ... Plaintiff resolved the dispute in favor of Defendant. (Cook Decl. ¶5.) As a result, Plaintiff does not intend to pursue collection of the debt against the Defendant and requests the Court vacate the default and default judgment and dismiss this action without prejudice. (Id.) The Court's inherent equity power” allows the Court to “grant relief from a default judgment where there has been ‘extrinsic' fraud or mistake.” (Weitz v. Yank...

Excerpt: ... counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Moving counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3). This is a personal injury action. Plaintiff failed to respond at all to defendant's discovery...

Excerpt: ...I and worked out of KSI's office in Sacramento County. Plaintiff alleges that KSI and co‐defendant Intel Corporation (“Intel”) jointly employed Plaintiff. Plaintiff was assigned to perform duties as an Inventory Specialist for Intel. Plaintiff does not dispute that a valid and binding arbitration agreement exists. She instead opposes on the grounds that: (1) Intel was a joint employer and has not moved to compel arbitration, (2) Intel and P...

Excerpt: ...s directed to contact defendant Tammy Pham and advise her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 54. If moving counsel is unable to contact Tammy Pham prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. As noted in this Court's 8/8/2019 ruling on defendant Hieu's Motion to Set Aside Default and Default J...

Excerpt: .... Gonzalez ("Dr. Gonzalez") in 2012 in Placer County Superior Court (the "Medical Malpractice Action"). Defendants Baleria and Garberson represented Dr. Gonzalez and co‐defendant Advanced Medical Spa, Inc. in the Medical Malpractice Action. The Medical Malpractice Action was ultimately settled at mediation in 2017 and in connection with this settlement, the parties executed a confidentiality agreement and plaintiff executed a Re...

Excerpt: ...quest for Production of Documents, Set One, Nos. 2, 3, 10, 22, 23 and 35. Plaintiff argues that Advanced Pain failed to serve complete responses to these requests, without substantial justification, and the information requested is relevant and not privileged. (Notice of Motion at 2.) Plaintiff acknowledges that some privacy interests may be implicated by the requests, but asserts that during the meet and confer process she agreed to narrow the s...

Excerpt: ...and improper. Background This is a landlord‐tenant case. Plaintiff is the former tenant and is representing himself in this action. He alleges that Defendant failed to return his $499.00 security deposit within the 21 days after her vacated the premises, and failed to provide an itemized statement of any deductions from the deposit, in breach of contract. Plaintiff in pro per filed his judicial council form complaint on May 3, 2018. He then fil...

Excerpt: ...ion. This lawsuit was filed on 3/6/2019 by the law firm called “Lawyers for Justice” on behalf of two employees of Wellspace, plaintiffs January and Pinch. The complaint in this action purports to be a representative action against Wellspace under the Private Attorney General Act (“PAGA”), seeking civil penalties based on the alleged violation of various wage‐and‐hour provisions. Cameron Class Action. Less than two months before, the ...

Excerpt: ...rated party within 48 hours of receipt. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that the incarcerated party need not request oral argument. The Litigation Coordinator shall make plaintiff available to participate in oral argument via Court Call at 9:00 a.m. on the date of the continued hearing date, which will be August 1...

Excerpt: ...aring and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Pamela Ann Samantha Jones and Cornerstone Estate Law Corp.'s (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication, is ruled upon as follows. I. Overview This is an action for legal malpractice and financial elder abus...

Excerpt: ...th Plaintiffs that Livingston was required to meet and confer prior to filing the motion pursuant to CCP §435.5. A Special Motion to Strike is authorized by CCP §425.16. CCP §425.16 does not require the moving party to meet and confer prior to filing an Anti‐SLAPP motion. The Court also did not consider Plaintiffs' argument applying the standard for a regular motion to strike pursuant to CCP §436. Again, this is a Special Motion to Strike p...

Excerpt: ...y 2018, she went to Kaiser for routine blood work. She alleges that Kaiser's employee injured her while he was drawing blood and injuring her ulnar nerve at the forearm level, left arm, and sequela. It is undisputed that Le was a federal employee. Kaiser has a contract with the United States Office of Personnel Management (“OPM”). (Declaration of Gibson Simms, III (“Simms Decl.”), ¶ 1, Ex. B.) An OPM Agreement is a standard contract that...